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If Thor Vang, 37, does not commit a “crime of violence” in the next two years, his charges of first- and second-degree possession of nearly a pound of opium — worth about $160,000 — will be dismissed.
Crimes of violence are defined by law and include murder, assault, kidnapping, burglary, and terroristic threats. If Vang was to commit such a crime in the next two years, the opium case would be re-opened and would proceed to trial, his attorney, Mary McMahon, explained.
Assistant Winona County Attorney Tom Gort said the case was not impossible to prove at trial, but “very circumstantial evidence” would have made it difficult. Rather than dismiss the charges outright, Gort said continuing the case for two years will give his office a chance to monitor Vang’s behavior and make sure he remains law abiding.
Gort also agreed to dismiss forfeiture proceedings, authorizing the Winona County Sheriff’s Department to return all seized property to Vang, including about a dozen loaded guns and nearly $70,000 in cash.
“You’ll receive everything back except, of course, the opium,” McMahon said to her client.
Vang was not required to make any admissions in court Monday and simply had to illustrate to the court he understood the terms of the continuance.
According to the criminal complaint, in April 2007, a drug-sniffing dog in Hawaii alerted authorities a package shipped from Laos and addressed to Vang’s residence in Goodview contained drugs. Federal agents opened the crate and discovered about 400 grams of opium stashed inside two souvenir drums, court documents show.
Police wired the crate with a device that informed law enforcement it was opened when delivered April 9, 2007, to Vang’s home in the 800 block of 40th Avenue. Law enforcement entered the home with a search warrant and discovered Vang trying to reseal the package, saying it wasn’t his, according to the complaint. Officers arrested Vang and seized the drugs, cash and guns.
The package had been addressed to someone who never resided at the home — one of the pieces of circumstantial evidence Gort mentioned. McMahon said Vang simply opened the package, not knowing who it was for.
The confiscated guns and money were also circumstantial, McMahon said. Vang hunts regularly to help feed his family, the defense attorney said. She also said the $70,000 cash belonged to Vang’s brother and was an accumulation of wedding gifts to be used to buy a house.
Kevin Behr may be reached at (507) 453-3524 or kbehr@winonadailynews.com.
EndangeredValues wrote on Oct 22, 2008 4:23 PM: